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MATTER OF DAUGHERTY CONST., INC.

Bankruptcy No. BK95-41129.

188 B.R. 607 (1995)

In the Matter of DAUGHERTY CONSTRUCTION, INC., Debtor.

United States Bankruptcy Court, D. Nebraska.

October 31, 1995.

Attorney(s) appearing for the Case

Allan J. Eurek, Richard J. Butler, Lincoln, NE, for Highlands Development Corporation, Southview, Inc., Campion Family Trust, Bradley Fleming and John Schleich, Treasurer of Lakeview Park Apartments, L.L.C. and Folsom Ridge Apartments, L.L.C.

Robert Wm. Chapin, Jr., Lincoln, NE, William L. Biggs, Jr., Omaha, NE, for Daugherty Construction, Inc.

John W. Ballew, Jr., Lincoln, NE, for Unsecured Creditors Committee.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

In this Chapter 11 case, the court must determine the validity of Nebraska statutory provisions dissolving a limited liability company upon the filing of a bankruptcy petition by one of its members. No cases are reported dealing with such a provision in a limited liability act in any jurisdiction, it is a matter of first impression nationally. I conclude...

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